Jake Harper offers seasoned advice and counsel on cutting-edge healthcare issues. Jake routinely advises healthcare clients on their most significant challenges in the context of litigation and regulatory compliance. He also takes the lead on healthcare-related transactions. Jake is well suited to advise clients that want practical solutions to complex legal questions. He draws from a wealth of industry experience and knowledge to provide the firm’s clients with insights and actionable strategies. Against the backdrop of a broad healthcare practice, Jake is a go-to advisor for digital health technologies and services, as well as hospice, home health, and other post-acute care service models.
Jake regularly manages all aspects of healthcare investigation and litigation matters, including responding to subpoenas and civil investigative demands from the US Department of Justice (DOJ), US Office of Inspector General (OIG), and US State Attorney General.
Jake’s deep understanding of the False Claims Act (FCA) enables him to combine his experiential knowledge of how FCA matters typically progress with detailed knowledge of Medicare and Medicaid coding and billing requirements—including evaluation and management (E/M) code scoring, ICD-10 and Current Procedural Terminology code elements, and application of National and Local Coverage Determinations (LCD).
Likewise, Jake represents providers, suppliers, and other stakeholders in conducting and resolving internal investigations, including those related to whistleblower complaints and audit findings. In this context, Jake also provides counsel on Medicare reporting and refunding obligations, as well as the OIG’s Anti-Kickback Statute and the US Centers for Medicare and Medicaid Services’ (CMS’s) Stark Law self-disclosures.
Finally, Jake is an accomplished administrative litigator, representing providers on appeals before the US Department of Health and Human Services’ (HHS’s) Office of Medicare Hearings and Appeals and Departmental Appeals Board and the CMS’s Provider Reimbursement Review Board.
As a former clerk for the OIG’s Office of Counsel to the Inspector General, Jake’s background in healthcare compliance grounds his practice.
Jake provides clients with a balanced, risk-based approach to compliance with legal requirements, taking into account historical enforcement trends with careful statutory, regulatory, and sub-regulatory analysis.
Jake also helps providers establish and update compliance programs, draft and adopt new policies and procedures, operationalize legal requirements within existing business structures and processes, and create, monitor, and respond to various compliance reporting mechanisms.
In addition, with extensive subject matter expertise, Jake advises clients on application of Medicare, Medicaid, and other payor policies, as well as state practice act and licensing considerations.
Bringing his in-depth knowledge of healthcare regulatory matters and structuring considerations, Jake is adept at supporting different types of clients with a wide range of healthcare and digital health transactions. He helps both structure and consummate deals.
Jake advises on corporate practice of medicine restrictions, friendly physician professional entity models, healthcare representations and warranties, and negotiating and enforcing indemnifications related to healthcare legal issues.
While typically representing purchasers and investors in the healthcare industry, Jake has also advised entities selling or recapitalizing their businesses. Jake also assists with change of ownership considerations surrounding state licenses, Medicare and Medicaid enrollment, and commercial payment contracts.
Litigation
Regulatory Compliance
Mergers, Acquisitions, Transactions, and Joint Ventures
Rising Star, Health Care, Law360 (2022)
Listed, The Best Lawyers in America, Ones to Watch, Health Care Law, Washington, DC (2022–2025)
Associates to Watch, Healthcare, District of Columbia, Chambers USA (2021, 2022)
Recommended, Healthcare: Service Providers, The Legal 500 US (2021, 2024)
Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2021)
Enforcement Committee, Fraud and Abuse Practice Group, American Health Lawyers Association
Social Media Committee, Fraud and Abuse Practice Group, American Health Lawyers Association